Clause 42 - Biodiversity lists and action (Wales)
Natural Environment and Rural Communities Bill
12:00 pm
Jim Knight (Parliamentary Under-Secretary (Rural Affairs, Landscape and Biodiversity), Department for Environment, Food and Rural Affairs; South Dorset, Labour)
In debating earlier clauses, I have sketched out what clause 42 is designed to do. Amendments Nos. 77 to 80 would significantly weaken the duties in Wales by changing “must” to “may” in four instances, although I accept that the hon. Gentleman said he is not sure it would be right to use “may”. The amendments would effectively change the duty to a power, and we want to continue with the existing position as introduced in the Countryside and Rights of Way Act 2000.
The Welsh Assembly Government already have the duty in question under the 2000 Act, and any change would be detrimental to biodiversity conservation. The listing process ensures that species and habitats of particular importance are highlighted so that their protection will be prioritised. I am sure that it is not the hon. Gentleman’s intention to weaken the activity of the Welsh Assembly Government in that regard. The presence of these lists will be even more important in future, because all public bodies will have a duty to have regard to the conservation of biodiversity. The list will be an important source of information and help them to prioritise.
I assure the hon. Gentleman that we have consulted our devolved colleagues in the Welsh Assembly Government who are happy that they must consult the Countryside Council for Wales on the list and take such steps as appear to the Assembly to be reasonably practicable for the conservation of living organisms and habitat types on the list. On the basis that we have consulted and will continue to consult colleagues in Wales on all aspects of the Bill, I trust that the hon. Gentleman will withdraw his amendment.